Court Upholds Condemnation of Property To Expand Public Airport Runway

Petitioner requested judicial review of the County’s determination to condemn real property for the purpose of expanding the runway at a public airport, claiming that the County failed to demonstrate that an actual public use, benefit, or purpose will be served by the taking. The court rejected this claim, noting that while it is well established that the power of eminent domain cannot be used to take property not necessary to fulfilling a public purpose, the government or subdivision thereof has broad discretion in deciding what land is necessary to fulfill that purpose. In addition, the court looked at the agency's compliance with the substantive mandates of the statute, namely identifying the relevant areas of environmental concern. Concluding that respondent had neither abused its discretion nor acted improvidently in determining the scope of the taking, and having adequate basis to make the decision it did relative to the statutory mandates, the Court upheld the taking. Thus the determination was unanimously confirmed without costs and the petition was dismissed.

The case is Eisenhauer v County of Jefferson, 2014 WL 5904610 (NYAD 4 Dept. 2014). The full decision can be found here:

Powered by 123ContactForm | Report abuse